Best Vancouver Patients Property Committee Tips are provided by Vancouver estate litigation lawyer Rana Yavari.
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When adult persons become mentally incapable as a result of an illness or diseases in relation to aging, and are no longer able to understand relevant information or cannot appreciate what may happen as a result of decisions they make – or do not make – about their finances, health or personal care, a legal guardian can be appointed, known as a ‘committee’.
“Committee” means the following persons:
(a) a person appointed as committee;
(b) the Public Guardian and Trustee; or
(c) a statutory property guardian.
Vancouver estate litigation lawyer Rana Yavari. explains that Guardianship of adults, or committeeship, is governed in British Columbia by the Patients Property Act, R.S.B.C 1996, c. 349 [PPA]. The Courts may appoint a committee to manage a patient’s estate (financial, business, and legal affairs), their person (personal and health care matters), or both. “Patient” is a person who is incapable of managing their affairs or themselves, due to mental incapacity.
An individual must be declared incapable of managing their affairs (either financial, personal, or both) before the court can appoint a committee. Section 3 of the PPA governs when the court may make a declaration that a person is incapable of managing themselves or their affairs. The court must be satisfied upon reviewing the evidence of two medical practitioners that, because of mental infirmity arising from disease, age, or other cause, a person is incapable of managing herself or her affairs.
Best Vancouver Patients Property Committee Tips
Who should be appointed as a committee?
In determining who should be appointed as a committee, the paramount consideration for the Courts is who will serve in the best interests of the patient.
The PPA does not set out specific criteria for the determination of suitability when competing petitioners seek appointment as a proposed patient’s committee. Nonetheless, the courts have identified a non-exhaustive list of factors for consideration.
In Stewart (Re), 2014 BCSC 2321 at para. 29, Masuhara J. summarized the following considerations on this question:
a) whether the appointment reflects the patient’s wishes, obviously when he or she was capable of forming such a wish;
b) whether immediate family members agree with the appointment;
c) whether there is any conflict between family members or between the family and the patient, and whether the proposed committee would be likely to consult with immediate family members about the appropriate care of the patient;
d) the level of previous involvement of the proposed committee with the patient, usually family members are preferred;
e) the level of understanding of the proposed committee with the patient’s current situation, and will that person be able to cope with future changes of the patient;
f) whether the proposed committee will provide love and support to the patient;
g) whether the proposed committee is the best person to deal with the financial affairs and ensure the income and estate are used for the patient’s benefit;
h) whether a proposed committee has breached a fiduciary duty owed to the patient, or engaged in an activity which diminishes confidence in that person’s abilities to properly handle the patient’s affairs;
i) who is best to advocate for the patient’s medical needs;
j) whether the proposed committee has an appropriate plan of care and management for the patient and his or her affairs and is best able to carry it out; and
k) whether a division of responsibilities such as between the patient’s estate and the patient’s person to different persons would serve the best interests of the patient, or would such a division be less than optimal for the patient.
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If one of your family members or close friends has become mentally incapable to manage their affairs, you may bring an application to the BC Supreme Court to be appointed as a committee. We hope these Best Vancouver Patients Property Committee Tips by Vancouver estate litigation lawyer Rana Yavari helped.
